Thanks for the reading and references. Liking the extra work you encourage me to do!
SECT 51 of Interpretation Of Legislation Act 1984 (VIC) - seems likely to apply:
Provisions as to offences under two or more laws
(1) Where an act or omission constitutes an offence under two or more laws, the offender shall, unless the contrary intention expressly appears, be liable to be prosecuted under either or any or all of those laws but shall not be liable to be punished more than once for the same act or omission.
(2) In subsection (1) "law" means—
(a) an Act or a provision of an Act;
(b) a subordinate instrument or a provision of a subordinate instrument; or
(c) common law.
Re-reading
Pearce v The Queen [1998] HCA 57 at [40] upholding double jeopardy principle shows 200+ citations:
To the extent to which two offences of which an offender stands convicted contain common elements, it would be wrong to punish that offender twice for the commission of the elements that are common. No doubt that general principle must yield to any contrary legislative intention, but the punishment to be exacted should reflect what an offender has done; it should not be affected by the way in which the boundaries of particular offences are drawn. Often those boundaries will be drawn in a way that means that offences overlap. To punish an offender twice if conduct falls in that area of overlap would be to punish offenders according to the accidents of legislative history, rather than according to their just deserts.
re: R v Wells [2016] NSWDC 169 Very recent case. Is the appeal window still open to the HCA? *wonders if decision will be challenged. And if it can be distinguished as Wells was acquitted of the more serious charge and convicted on a second charge that has a lower threshold.
re:
R v Raymond John Carroll [2002] HCA 55. Seems to support my view. Second appeal on charge of perjury was denied.
The recent legislative changes to double jeopardy are unlikely apply in this situation as there is unlikely to be new evidence.
Quote: Put 10 lawyers into a room together and you'll get 11 opinions!